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FOXNEWS The Faulkner Focus December 1, 2021 16:33:00

With care. and that s why i said that. if you have anything to add to my plea to read it, please do. i agree completely and read the pages and reread them many times and it is another key distinction from the cases justice kavanaugh was referring to. that is as i understand the passages in casey the court carefully walked through each and every stare decisis factor this court focuses on. workability of the viability rule. legal and factual development and critical reliance interest and down the line found the case for reaffirming roe was overwhelming. in that situation when every factor the court consults to determine whether to retain precedent counsel is in favor of retaining it, i think casey properly perceived that a decision to overrule nevertheless based on the conclusion the justices thought the case was wrongly decided in the first instance would run counter to the ability of stare decisis to function as a cornerstone of the rule of law in this context. ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:24:00

Why wouldn t it be workable if you say the end of the second trimester 27 weeks, third trimester state interests increase. i don t understand why 27 weeks is less workable than 24. what i was trying to suggest is a viability line is a workable line. to change it there is a new line for principle had and workable. that s stare decisis. i ask as a matter of first principle. the viability line makes sense. if the state it is not constitutionally we could say 27 weeks and the second trimester. you could but the viability line makes sense given the protection for liberty because it comes from the woman s liberty in resisting state control of her body. once the court recognizes the interest it needs to draw a line as it does in many other ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:48:00

Accommodate both interests. you have to pick. that s the fundamental problem. and one interest has to prevail over the other at any given point in time. and that s why this is so challenging, i think. and the question then becomes what does the constitution say about that? and i want to get your reaction to what the other side s theme is. i ve mentioned it in my prior questions. when you have those two interests at stake and both are important, as you acknowledge, why not why should this court be the arbiter rather than congress, the state legislatures, the state supreme court court and people being able to resolve it. different answers in alabama than california because there ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:04:00

About the viability line as well as i do probably better than i do. what would you say in defense of that line? what would you say to the argument that has been made many times by people who are pro-choice and pro-life, that the line really doesn t make any sense? that it is, as justice blackman himself described it, arbitrary. the wom if a woman wants to be free of the burdens of pregnancy, that interest does not disappear the moment the viability line is crossed, isn t that right? no, your honor. if i make a few points to answer your question. the state views viability as arbitrary because it completely discounts the woman s interest. upon reaching the point of viability, does not the woman have the same interest that she had before viability in being free of this pregnancy? that she no longer wants to ....

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FOXNEWS The Faulkner Focus December 1, 2021 16:00:00

Decisis analysis and i want to give you an opportunity to respond. the undue burden test is not at issue. that applies to regulations, not prohibitions. the state has conceded this is a prohibition. thats the title of this law is an act to prohibit abortion after 15 weeks and the only thing that is at issue in this case is the viability line. the viability line has been workable. the lower federal courts have applied it uniformly for 50 years, the fifth circuit had no difficulty striking down this law unanimously 3-0. it has been an exceedingly workable standard. if i may return to your question, a reasonable possibility standard would not be workable. it would boil down to an argument that states can prohibit a category of women from exercising their constitutional right merely because of the number of people in the category and that is not ....

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